DMT is a hallucinogenic substance classified as a Schedule I drug in North Carolina. Schedule 1 means it possesses the highest potential for abuse and no medicinal value. In a recent year, 3,141 North Carolinians faced Schedule 1 substance possession charges. So what is DMT exactly? Is DMT legal? And what can happen if law enforcement catches you in possession of it in North Carolina?
What Exactly is DMT? Is DMT Legal?
DMT is a naturally occurring tryptamine with psychoactive properties. Cultures in South America used plants containing DMT in religious ceremonies for centuries. However, in the US, it is generally produced synthetically as dimethyltryptamine. If you wonder, “Is DMT legal,” it is not. In any form, it is illegal in the United States.
NC law enforcement stated recently that they’ve “seized a lot from the younger crowd, kind of hippie types.” (1) DMT is typically consumed by smoking, resulting in intense hallucinations that last for a short time. Many try this drug looking for a different type of high, but it’s not a “fun” drug. It is a hallucinogenic substance that can bring on intense effects. DMT is not your typical party drug.
What are the Psychoactive Effects of DMT?
The effects of DMT depend on the dose but can include intense hallucinations, euphoria, and dissociation. DMT is a powerful psychedelic drug, and its effects can be unpredictable.
The naturally occurring DMT in South American plants is the psychoactive component of Ayahuasca, a brew used for thousands of years in South America as a psychoactive substance during religious sacraments.
From 2010 to 2019, the US has experienced growth in synthetic tryptamines used as hallucinogenic substances. (2) However, it can cause intense hallucinations that may not be pleasant. Some users have entered a state of psychosis from which they never return.
Additionally, because it is illegal in North Carolina, possessing or using DMT can have serious legal consequences.
What is the Legal Status of DMT in North Carolina?
DMT is classified as a Schedule I hallucinogenic substance in North Carolina. So, it is illegal to possess or use. You could face severe penalties if law enforcement catches you possessing DMT in NC. Penalties can include prison time and hefty fines.
However, if law enforcement catches you with only a small amount of DMT for personal use, a skilled criminal defense attorney could help reduce your charges. You may face only a misdemeanor with a good defense on a first-time drug charge. Even a misdemeanor offense could bring you up to 120 days in jail and a $500 fine
However, possession of DMT is a felony in North Carolina and can result in up to eight years in prison and a $200,000 fine.
Additionally, selling or manufacturing DMT is also a felony offense that can lead to longer terms of imprisonment and more significant fines. If caught selling or manufacturing DMT, you could face up to 20 years in prison and a fine of up to $250,000!
Criminal Defense Against DMT Possession Charges
Depending on your unique situation, there may be multiple defense strategies that your defense attorney may recommend, including:
- Lack of knowledge: If you did not know that the substance in your possession was DMT, you might avoid a conviction.
- Entrapment: If law enforcement used illegal methods to entice you into possessing or using DMT, your attorney could potentially negotiate a dismissal of your charges.
- Illegal search and seizure: If police searched your home or property without a warrant or probable cause, any evidence they find might not be admissible in court.
If you are facing charges of possessing or using DMT in North Carolina, you need to contact an experienced criminal defense attorney as soon as possible. An experienced attorney will be familiar with the laws surrounding DMT and can help you understand your rights and how to defend against the charges you face!
Keep Your Options Open
For your best defense, it is crucial not to speak with law enforcement without your criminal defense attorney present. In the future, they can use anything you say or do against you in a court of law.
Also, refrain from speaking to others on the phone or in the same holding cell. No matter where you are in the penal system, it is legal for law enforcement to record your voice or use those you speak with to testify against you in a court of law.
We Can Help
At Scharff Law Firm, our experienced criminal defense attorneys understand the charges you face and the possible defenses that could stand up in your favor. We’ve successfully reduced or dismissed drug charges for many clients in the past as we negotiate directly with the DA to prevent your case from reaching the courtroom when possible.
Call us today or fill out our online form to schedule a free consultation with one of our Raleigh criminal defense attorneys. We’ll review the facts of your case and help you understand your best options moving forward! Find out today how we can help you get started finding your freedom!